United States v. Taylor
489 F. App'x 34
6th Cir.2012Background
- Taylor headed a drug organization distributing thousands of kilograms of cocaine; Harris managed daily operations; multiple couriers were used; over 2,000 kilograms distributed 1999–2001; prior DC prosecutions and mistrials preceded a SD Ohio indictment in 2004; current case charged conspiracy to distribute 150+ kilograms and continuing criminal enterprise with venue in Ohio; after trial, convictions on both counts but conspiracy conviction later vacated for double jeopardy; sentence: 360 months on conspiracy and life on continuing-criminal-enterprise, to run concurrently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue propriety in Ohio for conspiracy and CCE | Taylor argues improper venue (forum shopping) in Ohio | Ohio venue proper because overt acts occurred there; conspiracy venue can be in any district where acts occurred | Venue proper for both counts |
| Prosecutorial vindictiveness in reindictment | Taylor asserts vindictive prosecutorial conduct for seeking Ohio venue | Reindictment after mistrial not inherently vindictive; evidence shows no improper motive | Vindictiveness not shown; no due-process violation |
| Double jeopardy—conspiracy vs continuing enterprise | Convictions for conspiracy and CCE punish same conduct | Conspiracy is a lesser-included offense of CCE; remedy appropriate is vacating conspiracy conviction | Vacate conspiracy conviction; remand unnecessary |
| Conflict of interest of defense counsel and ineffective assistance | Gounaris had conflict from prior representation of a potential witness | Conflict was addressed; no actual adverse effect shown; Strickland standard not met | No ineffective-assistance violation; mistrial denial affirmed |
| Right to be present at critical stages; Rule 43 and due process | Taylor absent from pre-trial hearings and conflict hearing; alleged violation of rights | Presence excused for lawful proceedings; no impact on defense | No violation of Confrontation, due process, or Rule 43; no plain error |
Key Cases Cited
- United States v. Crozier, 259 F.3d 503 (6th Cir. 2001) (drug-conspiracy venue may be in district where conspiracy formed or overt act occurred)
- United States v. Brown, 677 F.2d 26 (6th Cir. 1982) (reindictment after mistrial permissible)
- United States v. Castellanos, 478 F.2d 749 (2d Cir. 1973) (mistrial groundwork for reprosecution; forum considerations)
- United States v. Poole, 407 F.3d 767 (6th Cir. 2005) (reindictment following mistrial not presumptively vindictive)
- United States v. Roach, 502 F.3d 425 (6th Cir. 2007) (vindictiveness standard; actual or realistic likelihood required)
- United States v. Moon, 513 F.3d 527 (6th Cir. 2008) (abuse-of-discretion for vindictiveness review)